Use of flags
You can basically use flags to decorate or as information on goods. However, there are laws and regulations that may restrict their use, such as the Marketing Act's prohibition against misleading marketing. For example, it would easily be perceived as misleading if you were to sell "Swedish herring" with a Norwegian flag on it.
Flags in trademarks and designs
To register a trademark that contains a flag (Norwegian or foreign national flag), you must have consent from the appropriate authority in the country in question. It is the Ministry of Foreign Affairs that grants consent for the use of the Norwegian flag in trademarks. They are generally very restrictive in granting such consent.
Several manufacturers use the Norwegian flag as decoration on their products, including the Italian clothing brand Napapijri. However, they have not applied for trademark registration of any trademarks containing flags, and therefore have no such registrations in Norway.
The same rules also apply to designs. You must have consent to register a design with a flag, but you can use flags on products as long as it is in line with other regulations, such as the Marketing Act.
Use of national emblems
When it comes to the Norwegian national coat of arms, there are much stricter rules for use. The national coat of arms is intended to be an expression of being a public authority. The rules for use are laid down in a royal decree of 20 May 1927, which, among other things, states: "The national coat of arms may only be used by the State authorities in the exercise of their public activities." For example, it is illegal to use the national coat of arms on souvenirs and other effects. Customs from time to time seize goods entering Norway with the national coat of arms on them.
Other symbols that have special protection
Red Cross
The Norwegian Industrial Property Office cannot register trademarks that contain the emblem of the Red Cross. This has a particularly strong protection, because it is intended to function as a protection in connection with aid to the sick and wounded in war. This has its origins in the Geneva Conventions. The protection applies to all goods and services.
Names, emblems and the like of international/intergovernmental organizations
Examples:
Trademark requirements
There are several requirements that must be met for the trademark to be registered.
- Your brand must be distinctive, it cannot just describe the product.
- Your brand must not be confused with other people's trademarks.
- Your trademark must not be misleading.
- Your trademark must not contain someone else's name or image.
